Docket

37476

Her Majesty the Queen, et al. v. Derek Brassington, et al.

(British Columbia) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-05-08 Appeal closed
2019-05-07 Correspondence received from, PPSC confirming on 2019-05-07 that the trial has concluded and that the publication ban under s.648(1) has been lifted. Her Majesty the Queen
2019-02-11 Correspondence received from, the appellant, explaining their view the s.648 Criminal Code should remain in effect until such time the matter is concluded in the BCSC. Her Majesty the Queen
2018-10-09 Correspondence received from, Erika Buhrmann by email, re: publication ban still in effect; trial ongoing and expected to end in March 2019 Superintendant Gary Shinkaruk
2018-07-27 Appeal closed
2018-07-23 Formal judgment sent to the registrar of the court of appeal and all parties
2018-07-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-07-20 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The appeals from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43391, CA43396 and CA43402, 2017 BCCA 84, dated February 23, 2017, and from the judgment of the Supreme Court of British Columbia, Number 25813, 2015 BCSC 2001, dated November 2, 2015, heard on March 14, 2018, are allowed. The declaratory order of Wedge J. permitting disclosure of informer-privileged information is set aside. The Crown’s request for an order prohibiting the respondents from disclosing informer-privileged information to their counsel, subject to a successful “innocence at stake” application, is granted.
Allowed
2018-07-19 Correspondence received from, (Letter Form), Michael Sobkin. Contact information for counsel for the respondent. Paul Johnston
2018-07-17 Correspondence (sent by the Court) to, the parties. The Court will not hold a media lock-up.
2018-07-12 Correspondence received from, (Letter Form), Breese Davies. re: will participate REMOTELY in the counsel lock-up, if any. Federation of Law Societies of Canada
2018-07-12 Correspondence received from, (Letter Form), Michael Sobkin. re: will participate REMOTELY in the counsel lock-up, if any. Derek Brassington
2018-07-11 Correspondence received from, (Letter Form), Ginette Gobeil. re: will participate REMOTELY and IN PERSON in the counsel lock-up, if any. Attorney General of Canada
2018-07-11 Correspondence received from, (Letter Form), Brock Martland. re: will participate REMOTELY in the counsel lock-up, if any. Independent Criminal Defence Advocacy Society
2018-07-11 Correspondence received from, (Letter Form), P. Michael Bolton. re: will participate REMOTELY in the counsel lock-up, if any. Paul Johnston
2018-07-11 Correspondence received from, (Letter Form), Matthew Estabrooks. re: will participate REMOTELY in the counsel lock-up, if any. Criminal Lawyers' Association
2018-07-11 Correspondence received from, (Letter Form), Jasmine Leindecker. RE: No position on a possible lock-up. Attorney General of Ontario
2018-07-10 Correspondence received from, (Letter Form), Christopher Considine, Q.C.. RE: No position on a possible lock-up. Her Majesty the Queen
2018-07-10 Correspondence (sent by the Court) to, the appellants and respondents by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required.
2018-07-10 Media lock-up requested or proposed
2018-04-03 Transcript received, (136 pages)
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban. Her Majesty the Queen
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban.l Person A
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban. Superintendant Gary Shinkaruk
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban. Derek Brassington
2018-03-14 Judgment reserved OR rendered with reasons to follow
2018-03-14 Hearing of the appeal, 2018-03-14, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-03-14 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies). Derek Brassington
2018-03-14 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Superintendant Gary Shinkaruk
2018-03-14 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Person A
2018-03-14 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Her Majesty the Queen
2018-03-12 Correspondence received from, (Letter Form), Ginette Gobeil (by email). Request for 1 reserved seat. Attorney General of Canada
2018-03-12 Correspondence received from, (Letter Form), Jath Sabapathy (by email). Request for 2 reserved seats. Federation of Law Societies of Canada
2018-03-09 Notice of appearance, (Letter Form), Ian Donaldson, Q.C., Michael Sobkin, Miriam Isman, Michael Klein, Q.C., Michael Bolton, Q.C., Greg DelBigio and Alison Latimer will be appearing. Mr. DelBigio, Mr. Bolton, Mr. Donaldson and Mr. Klein will present oral argument. Request for 2 reserved seats. Derek Brassington
2018-03-07 Order on motion to extend time, (BY JUSTICE KARAKATSANIS)
2018-03-07 Decision on motion to extend time, Ka, UPON APPLICATION by the intervener Criminal Lawyers’ Association for an order extending the time to serve and file its factum to March 2, 2018 and allowing it to present oral argument at the hearing of the appeals notwithstanding the provisions of Rule 71(3) of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted. The said intervener shall be permitted to file its factum on or before March 2, 2018, and may present oral argument not exceeding five (5) minutes at the hearing of the appeals.
Granted
2018-03-07 Submission of motion to extend time, Ka
2018-03-06 Correspondence received from, (Letter Form), the appellants (by email). Will not be filing a reply factum to the interveners. Her Majesty the Queen
2018-03-06 Correspondence received from, (Letter Form), Brock Martland (by email). The intervener will rely on written submission only. Independent Criminal Defence Advocacy Society
2018-03-06 Response to motion to extend time, (Letter Form), Joint Response , Completed on: 2018-03-06 Her Majesty the Queen
2018-03-05 Response to motion to extend time, (Letter Form), Completed on: 2018-03-05 Derek Brassington
2018-03-05 Appeal hearing scheduled, 2018-03-14, EARLY 9:00AM START
Judgment reserved
2018-03-02 Motion to extend time, (Book Form), and for permission to present oral argument, Completed on: 2018-03-02 Criminal Lawyers' Association
2018-03-02 Intervener's book of authorities, (Book Form), Completed on: 2018-03-02 Criminal Lawyers' Association
2018-03-02 Intervener's factum, (Book Form), Completed on: 2018-03-02 Criminal Lawyers' Association
2018-03-01 Notice of name, (Letter Form), Amended Superintendant Gary Shinkaruk
2018-03-01 Notice of appearance, (Letter Form), Scott Hutchison and Lisa Jørgensen will be appearing. Mr. Hutchison will present oral argument. Criminal Lawyers' Association
2018-03-01 Correspondence received from, (Letter Form), Erika Buhrmann. Request for 4 reserved seats. Superintendant Gary Shinkaruk
2018-02-28 Notice of appearance, (Letter Form), Christopher M. Cosidine, Q.C. and Christopher A. Massey will be appearing. Both counsel will present oral argument. Her Majesty the Queen
2018-02-28 Notice of appearance, (Letter Form), François Lacasse and Ginette Gobeil will be appearing. Mr. Lacasse will present oral argument. Superintendant Gary Shinkaruk
2018-02-28 Intervener's factum, (Book Form), Completed on: 2018-02-28 Federation of Law Societies of Canada
2018-02-28 Intervener's factum, (Book Form), Completed on: 2018-02-28 Independent Criminal Defence Advocacy Society
2018-02-27 Notice of name, (Letter Form), AMENDED Superintendant Gary Shinkaruk
2018-02-27 Correspondence received from, (Letter Form), Matthew Estabrooks (by email). Change of counsel for the intervener. Criminal Lawyers' Association
2018-02-27 Intervener's factum, (Book Form), Completed on: 2018-02-27 Attorney General of Ontario
2018-02-23 Notice of appearance, (Letter Form), Breese Davies and Owen Goddard will be appearing. Ms. Davies will present oral argument. Federation of Law Societies of Canada
2018-02-22 Notice of appearance, (Letter Form), Robert Hubbard and Rebecca Schwartz will be appearing. Mr. HUbbard will present oral argument. Attorney General of Ontario
2018-02-21 Notice of appearance, (Letter Form), Patrick McGowan will be appearing presenting oral argument. Person A
2018-02-21 Notice of appearance, (Letter Form), John Norris and Lisa Jørgensen will be appearing. Mr. Norris will present oral argument. Criminal Lawyers' Association
2018-02-08 Appeal perfected for hearing
2018-02-07 Certificate (on limitations to public access), (Letter Form), 23B Derek Brassington
2018-02-07 Certificate (on limitations to public access), (Letter Form), 23A Derek Brassington
2018-02-07 Respondent's book of authorities, (Book Form), Completed on: 2018-02-07 Derek Brassington
2018-02-07 Respondent's factum, (Book Form), Completed on: 2018-02-07 Derek Brassington
2018-02-02 Order on motion for leave to intervene, (by Justice Karakatsanis)
2018-02-02 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Attorney General of Ontario, the Criminal Lawyers’ Association, the Federation of Law Societies of Canada and the Independent Criminal Defence Advocacy Society for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before February 28, 2018.
The said interveners are granted permission to each present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The appellants are permitted to serve and file a joint factum not exceeding five (5) pages in length on or before March 7, 2018, in reply to these interveners.

The respondents are permitted to serve and file a joint factum not exceeding five (5) pages in length on or before March 7, 2018, in reply to these interveners.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions.
Granted
2018-02-02 Submission of motion for leave to intervene, (4 motions), Ka
2018-02-01 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-02-01 Derek Brassington
2018-01-31 Response to the motion for leave to intervene, (Letter Form), Joint response from all Appellants, Completed on: 2018-01-31 Her Majesty the Queen
2018-01-26 Notice of name, (Letter Form) Independent Criminal Defence Advocacy Society
2018-01-26 Motion for leave to intervene, (Letter Form), service to come (received 2018-01-26), Completed on: 2018-01-26 Independent Criminal Defence Advocacy Society
2018-01-25 Notice of name, (Letter Form) Federation of Law Societies of Canada
2018-01-25 Motion for leave to intervene, (Book Form), filing fee missing-rec'd 2018/01/30, Completed on: 2018-01-30 Federation of Law Societies of Canada
2018-01-24 Motion for leave to intervene, (Book Form), Completed on: 2018-01-24 Criminal Lawyers' Association
2018-01-24 Motion for leave to intervene, (Book Form), Completed on: 2018-01-24 Attorney General of Ontario
2018-01-11 Certificate (on limitations to public access), (Letter Form), Form 23B; amended certificate rec'd 2018/02/02 Superintendant Gary Shinkaruk
2018-01-11 Certificate (on limitations to public access), (Letter Form), Form 23A Superintendant Gary Shinkaruk
2017-12-28 Correspondence received from, (Letter Form), François Lacasse (by email). Letter regarding ther sealing order. Superintendant Gary Shinkaruk
2017-12-28 Correspondence received from, (Letter Form), Ian Donaldson, Q.C. (by mail). Mr. Donaldson is counsel for Derek Brassington. Derek Brassington
2017-12-21 Correspondence received from, (Letter Form), Christopher M. Considine, Q.C. (by email). No documents filed by the appellant is subject to a sealing order. Her Majesty the Queen
2017-12-11 Certificate of counsel (attesting to record), (Letter Form) Superintendant Gary Shinkaruk
2017-12-11 Appellant's record, (Book Form), (2 volumes), Completed on: 2017-12-11 Superintendant Gary Shinkaruk
2017-12-11 Appellant's factum, (Book Form), Completed on: 2017-12-11 Superintendant Gary Shinkaruk
2017-12-11 Correspondence received from, (Letter Form), Counsel in process of lifting sealing order. Superintendant Gary Shinkaruk
2017-12-11 Appellant's book of authorities, (Book Form), Completed on: 2017-12-11 Person A
2017-12-11 Certificate (on limitations to public access), (Letter Form), Form 23B; amended certificate rec'd 2018/02/05 Person A
2017-12-11 Appellant's factum, (Book Form), Completed on: 2017-12-11 Person A
2017-12-11 Correspondence received from, (Letter Form), Joint factum; Counsel in process of lifting sealing order. Person A
2017-12-11 Correspondence received from, (Letter Form), Sealing Order Attachments; Counsel in process of lifting sealing order. Her Majesty the Queen
2017-12-11 Certificate (on limitations to public access), (Letter Form), 23B (revised version file on 2017-12-21) Her Majesty the Queen
2017-12-11 Appellant's factum, (Book Form), S.40 Appeal, Completed on: 2017-12-11 Her Majesty the Queen
2017-12-11 Appellant's factum, (Book Form), S.37.2 CEA Appeal, Completed on: 2017-12-11 Her Majesty the Queen
2017-11-22 Notice of hearing sent to parties
2017-11-15 Correspondence received from, Letter appellant indicating that it would be difficult to file a redacted memorandum suitable for posting online. Her Majesty the Queen
2017-11-15 Correspondence received from, (Letter Form), Response cannot be posted online, and cannot be redacted. Derek Brassington
2017-11-14 Correspondence received from, (Letter Form), Memorandums of argument cannot be redacted Her Majesty the Queen
2017-10-23 Notice of appeal, (Letter Form), Completed on: 2017-10-23 Superintendant Gary Shinkaruk
2017-10-20 Notice of appeal, (Letter Form), British Columbia Court of Appeal file., Completed on: 2017-10-20 Her Majesty the Queen
2017-10-20 Notice of appeal, (Letter Form), Supreme Court of British Columbia file. , Completed on: 2017-10-20 Her Majesty the Queen
2017-10-20 Notice of appeal, (Letter Form), British Columbia Court of Appeal file., Completed on: 2017-10-20 Person A
2017-10-20 Notice of appeal, (Letter Form), Supreme Court of British Columbia file. , Completed on: 2017-10-20 Person A
2017-10-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-09-22 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-09-22 Judgment on leave sent to the parties
2017-09-21 Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the applications for leave to appeal are granted.

The applications for leave to appeal from the judgment of the Supreme Court of British Columbia, Number 25813, 2015 BCSC 2001, dated November 2, 2015, are granted.

The applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43391, CA43402 and CA43396, 2017 BCCA 84, dated February 23, 2017, are also granted.

Granted
2017-09-21 Decision on motion to extend time to file and /or serve the leave application
Granted
2017-08-02 Discontinuance of motion to extend time, (Letter Form) Derek Brassington
2017-07-31 All materials on application for leave submitted to the Judges, Abe Ga Row, for consideration by the Court
2017-07-31 Submission of motion to extend time to file and/ or serve the leave application, Abe Ga Row, for consideration by the Court
2017-07-26 Correspondence received from, (Letter Form), Updated address information for counsel for the applicant, Person A. Person A
2017-07-25 Applicant's reply to respondent's argument, (Letter Form), adopts the submissions of Her Majesty the Queen, Completed on: 2017-07-25 Person A
2017-07-24 Certificate (on limitations to public access), (Letter Form), 23B; Amended certificate rec'd 2017/07/27 Her Majesty the Queen
2017-07-24 Certificate (on limitations to public access), (Letter Form), 23A; amended certificate rec'd 2017/07/27 Her Majesty the Queen
2017-07-24 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-07-24 Her Majesty the Queen
2017-07-18 Certificate (on limitations to public access), (Letter Form), 23B Derek Brassington
2017-07-18 Certificate (on limitations to public access), (Letter Form), 23A Sealed; Electronic copy of 23A filed on a sealed CD Derek Brassington
2017-07-18 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-07-18 Derek Brassington
2017-06-19 Letter acknowledging receipt of a complete application for leave to appeal, SIXTH APPLICATION
2017-06-19 Letter acknowledging receipt of a complete application for leave to appeal, FIFTH APPLICATION
2017-06-15 Correspondence received from, (Letter Form), Style of Cause should read "on appeal from the Supreme Court of British Columbia" Attorney General of Canada
2017-06-15 Certificate (on limitations to public access), (Letter Form), 23B Attorney General of Canada
2017-06-15 Certificate (on limitations to public access), (Letter Form), 23A; Attachment to 23A sealed Attorney General of Canada
2017-06-15 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-06-15 Attorney General of Canada
2017-06-15 Application for leave to appeal, (Book Form), SIXTH APPLICATION; CD Sealed, Completed on: 2017-06-15 Attorney General of Canada
2017-06-09 Notice of name, (Letter Form) Superintendant Gary Shinkaruk
2017-06-09 Certificate (on limitations to public access), (Letter Form), 23B Superintendant Gary Shinkaruk
2017-06-09 Certificate (on limitations to public access), (Letter Form), 23A; attachment to 23A sealed Superintendant Gary Shinkaruk
2017-06-09 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-06-09 Superintendant Gary Shinkaruk
2017-06-09 Application for leave to appeal, (Book Form), FIFTH APPLICATION; CD sealed, Completed on: 2017-06-09 Superintendant Gary Shinkaruk
2017-05-12 Correspondence received from, (Letter Form), will be filing applications for leave to appeal Superintendant Gary Shinkaruk
2017-05-12 Correspondence received, Attorney General of Canada and Superintendant Gary Shinkaruk; will be filing an application for leave to appeal in 37476 and 37477
2017-05-10 Response to motion to extend time, (Letter Form), Completed on: 2017-05-10 Person A
2017-05-09 Response to motion to extend time, (Letter Form), Completed on: 2017-05-09 Her Majesty the Queen
2017-05-05 Motion to extend time, (Book Form), Originally filed in 37477, Completed on: 2017-05-05 Derek Brassington
2017-05-05 Motion to extend time, (Book Form), on consent; to serve and file the response, Completed on: 2017-05-05 Derek Brassington
2017-04-25 Letter acknowledging receipt of a complete application for leave to appeal, THIRD APPLICATION
2017-04-25 Letter acknowledging receipt of a complete application for leave to appeal, FIRST APPLICATION
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23A; Certificate and attachments SEALED Person A
2017-04-24 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-04-24 Person A
2017-04-24 Application for leave to appeal, (Book Form), THIRD APPLICATION, Completed on: 2017-04-24 Person A
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23A; Certificate and attachments SEALED Her Majesty the Queen
2017-04-24 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-04-24 Her Majesty the Queen
2017-04-24 Application for leave to appeal, (Book Form), FIRST APPLICATION, Completed on: 2017-04-24 Her Majesty the Queen
2017-04-21 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-04-21 Certificate (on limitations to public access), (Letter Form), 23A Person A
2017-04-21 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-04-21 Person A
2017-04-21 Application for leave to appeal, (Book Form), FOURTH APPLICATION, Completed on: 2017-04-21 Person A
2017-04-18 Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION
2017-04-12 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-04-12 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2017-04-12 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), payment missing-rec'd 2017/04/18, Completed on: 2017-04-19 Her Majesty the Queen
2017-04-12 Application for leave to appeal, (Book Form), SECOND APPLICATION, Completed on: 2017-04-12 Her Majesty the Queen
2017-03-29 Letter acknowledging receipt of a notice of application for leave to appeal, FOURTH NOTICE
2017-03-29 Letter acknowledging receipt of a notice of application for leave to appeal, SECOND NOTICE
2017-03-15 Correspondence received from, (Letter Form), Explanation of the second notice of application Person A
2017-03-15 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-03-15 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Person A
2017-03-15 Notice of application for leave to appeal, (Letter Form), FOURTH NOTICE OF APPLICATION, Completed on: 2017-03-15 Person A
2017-03-14 Correspondence received from, (Letter Form), Explanation of second notice of application Her Majesty the Queen
2017-03-14 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-03-14 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Her Majesty the Queen
2017-03-14 Notice of application for leave to appeal, (Letter Form), SECOND NOTICE OF APPLICATION; BCSC decision filed separately on 2017/03/14, Completed on: 2017-03-14 Her Majesty the Queen
2017-03-13 Letter acknowledging receipt of a notice of application for leave to appeal, THIRD NOTICE
2017-03-13 Letter acknowledging receipt of a notice of application for leave to appeal, FIRST NOTICE
2017-03-06 Correspondence received from, (Letter Form), Referring to letter of Mr. Christopher M. Considine, Q.C. regarding an explanation of the background of this file. Person A
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Person A
2017-03-06 Notice of application for leave to appeal, (Letter Form), THIRD NOTICE OF APPLICATION, Completed on: 2017-03-06 Person A
2017-03-06 Correspondence received from, (Letter Form), Explanation of the background of this file. Her Majesty the Queen
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Her Majesty the Queen
2017-03-06 Notice of application for leave to appeal, (Letter Form), FIRST NOTICE OF APPLICATION; Sealed CD, containing sealed documents from the lower courts, filed. Notice is not sealed., Completed on: 2017-03-06 Her Majesty the Queen